Section : 12AB of the Income Tax Act,1961 – Provision & Re-Registration Procedure of Trust
Who should Switch to Section: 12AB
- All the existing charitable and religious institutions (including NGOs) which are registered or approved under the following sections-
- Section 12A
- Section 12AA
- Section 10(23C)
- Section 80G
- The application can be made by filing form 10A online on the income tax site incometaxindiaefiling.gov.in
- The form is available on the income tax website under Income Tax Forms Section under
e-file menu which is visible after login on the website.
Procedure for Re-registration:-
- The procedure to re-registration seems to be very simple. Since trust is already registered, the idea is to provide a new registration number and registration certificate which will be computer-generated. Hence, a simple application may be notified for the purpose of re-registration u/s 12AB. Although no form is yet notified for the purpose of re-registration u/s 12AB for the existing trusts. No in-depth scrutiny of documents etc. is expected to happen in the case of re-registration. Further, there will be no lapse in the exemption period and the same will be continued in this FY 2020-21.
Due date for Re-Registration:
- The new compliances mentioned under the above sections which were applicable with effect from 1st June 2020 are now deferred and will be applicable from 1st October 2020 and have to complied latest by 31st December, 2020.
Time Limits for Different Categories:-
|Institutes already registered under section 12A or 12AA or having certificate under section 80G||By 31st August (Now by 31st December 2020)|
|Institutes who have obtained registration under section 12AB||6 months prior to the expiry of tenure of 5 years (refer the Validity Period of Registration Paragraph)|
|Institutions that have provisionally obtained registrations under section 12AB||6 months prior to the expiry date of the provisional registration; orWithin 6 months of the commencement of its activities;Whichever is earlier.|
|Where institutions have modified the objectives||Within 30 days from the date of such modifications.|
|In any other case||At least one month prior to the commencement of the previous year.|
Validity Of Registration:-
The Registration once obtained shall be Valid for 5 Years.
Contents required to be furnished in Form 10A:-
- Name of the Trust, Society or Institution.
- PAN details of the Trust, Society or Institution.
- Registered Address of the Trust, Society or Institution.
- Select the type of Trust:- Religious/ Charitable/ Religious-cum-Charitable
- E-Mail and Mobile number of the Managing Trustee/Chairman/Managing Director/Any authorized person by whatever name called
- Legal Status of the Trust
- Objects of the Trust
- Date of Modification of Objects, if any.
- Whether the application granted in the past is rejected or the registration is cancelled ? If yes, details of the order cancelling the same.
- If the applicant is registered under FCRA, 2010? If yes, then details of the same.
Documents required for Registration in case of New registration:-
Following documents are required from the client and annexed to FORM 10A while registration:-
1. Registration Certificate and MOA / Trust Deed (two copies- self attested by the Managing Trustee)
2. NOC from the Landlord where registered office is situated (if place is rented)
3. Copy of PAN card of Trust.
4. Electricity Bill/ House Tax/ Water Bill.
5. Evidence of welfare activities carried out and progress report of the same since 3 years or since inception.
6. Books of Accounts, Balance Sheet, ITR (if any) since inception or last 3 years.
7. List of Donors with their PAN and address.
8. List of Governing body or members of the trust/ Institution in the following format
|Sr. No.||Name||Address||Aadhar No.||PAN||Mobile No.||Email id|
9. Trust Deed for verification of Original Registration Certificate and MOA.
10. Any other information / document as may be asked by the Income Tax Department.